Case 1308909/2023 · Employment Tribunal
Mr T Mahmood v Amora Linen Services Limited — 2024
- Case reference
- 1308909/2023
- Decision date
- 20 November 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Flood REPRESENTATION
Parties
2 namedClaimant
Mr T Mahmood
Respondent
Key findings
Tribunal's reasoningThe tribunal at Birmingham, sitting by CVP before Employment Judge Flood on 20 November 2024, heard the claimant in person with assistance from his son and lay representative. The respondent did not attend. The tribunal held that Amora Linen Services Ltd had made an unauthorised deduction from the claimant's pay for the period 1 November to 2 December 2023 and ordered payment of £1,688.40 gross under Part II ERA 1996.
The tribunal also found the claimant was unfairly dismissed under Part X ERA 1996. It recorded that the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015 and, under s.207A TULRCA 1992, increased the compensatory award by 25%. The tribunal awarded a basic award of £2,430 and a compensatory award of £5,463.75.
The claim for breach of contract in relation to notice pay was well-founded. The tribunal awarded £2,025 as damages, calculated using gross pay to reflect the likelihood that the sum would be taxed as Post Employment Notice Pay, and applied a 25% uplift under s.207A TULRCA 1992 for the same ACAS Code failure. The tribunal further determined under s.163 ERA 1996 that the claimant was not entitled to a redundancy payment. It also stated that the Recoupment Regulations did not apply.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | The tribunal found an unauthorised deduction from pay for the period 1 November to 2 December 2023. | Upheld | — | £1,688 |
| Unfair dismissal | The tribunal found the dismissal unfair and awarded a basic award of £2,430 and a compensatory award of £5,463.75, both subject to a 25% uplift for failure to comply with the ACAS Code. | Upheld | — | £7,894 |
| Breach of contract | The claim concerned notice pay. Damages were assessed using gross pay and a 25% uplift was applied under s.207A TULRCA because of the ACAS Code failure. | Upheld | — | £2,025 |
| Redundancy | Under s.163 ERA the tribunal determined that the claimant was not entitled to a redundancy payment. | Dismissed | — | — |
Remedy
Monetary award- Total award
- £11,607
- across all upheld claims
- Basic award
- £2,430
- statutory, unfair dismissal
- Compensatory award
- £5,464
- compensatory remedy recorded
Legal tests applied
5 references- Part II ERA 1996
- Part X ERA 1996
- ACAS Code of Practice on Disciplinary and Grievance Procedures 2015
- s.207A TULRCA 1992
- s.163 ERA 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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